CHAPTER 4. LEGISLATIVE PROCEDURES
IC 36-2-4
Chapter 4. Legislative Procedures
IC 36-2-4-1
Application of chapter
Sec. 1. This chapter applies to all counties not having aconsolidated city.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-2
Adoption of ordinance, order, resolution, or motion
Sec. 2. A county executive or county fiscal body adopting anordinance, order, resolution, or motion for the government of thecounty or the transaction of county business must comply with thischapter.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.148.
IC 36-2-4-3
Quorum
Sec. 3. (a) A majority of all the elected members constitutes aquorum, except as provided by subsection (b).
(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt arule specifying that a certain number of members greater than amajority constitutes a quorum.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
IC 36-2-4-4
Majority vote; two-thirds vote
Sec. 4. (a) A requirement that an ordinance, resolution, or otheraction be passed by a majority vote means at least a majority vote ofall the elected members.
(b) A requirement that an ordinance, resolution, or other action bepassed by a two-thirds (2/3) vote means at least a two-thirds (2/3)vote of all the elected members.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-5
Majority vote required to pass ordinance
Sec. 5. A majority vote is required to pass an ordinance, unless agreater vote is required by statute.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-6
Disagreements on question; continuance
Sec. 6. If only two (2) members of a county executive are presentat a meeting of the executive, and they disagree on a question that isbefore the executive, the question shall be continued until the nextmeeting.As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-7
Consent to pass ordinance; inapplicability to additionalappropriations and zoning ordinances
Sec. 7. (a) This section does not apply to:
(1) an ordinance of a county fiscal body for additionalappropriations; or
(2) a zoning ordinance or amendment to a zoning ordinance thatis adopted under IC 36-7.
(b) Unanimous consent of the members present is required to passan ordinance on the same day or at the same meeting at which it isintroduced.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985,SEC.31.
IC 36-2-4-8
Adoption and effective date of ordinance, order, or resolution;requirements
Sec. 8. (a) An ordinance, order, or resolution is consideredadopted when it is signed by the presiding officer. If required, anadopted ordinance, order, or resolution must be promulgated orpublished according to statute before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violationmust, before it takes effect, be published once each week for two (2)consecutive weeks, according to IC 5-3-1. However, if such anordinance is adopted by the legislative body of a county subject toIC 36-2-3.5 and there is an urgent necessity requiring its immediateeffectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public placesin each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements ofthis section:
(1) An ordinance or resolution passed by the legislative body ofa county subject to IC 36-2-3.5 is considered adopted only if itis:
(A) approved by signature of a majority of the countyexecutive;
(B) neither approved nor vetoed by a majority of theexecutive, within ten (10) days after passage by thelegislative body; or
(C) passed over the veto of the executive by a two-thirds(2/3) vote of the legislative body, within sixty (60) days afterpresentation of the ordinance or resolution to the executive.
(2) The legislative body of a county shall:
(A) subject to subdivision (3), give written notice to thedepartment of environmental management not later thansixty (60) days before amendment or repeal of anenvironmental restrictive ordinance; and (B) give written notice to the department of environmentalmanagement not later than thirty (30) days after passage,amendment, or repeal of an environmental restrictiveordinance.
(3) Upon written request by the legislative body, the departmentof environmental management may waive the noticerequirement of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amendedafter 2009 by the legislative body must state the noticerequirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance tocomply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative bodyof a county subject to IC 36-2-3.5 has been signed by the presidingofficer, the county auditor shall present it to the county executive,and record the time of the presentation. Within ten (10) days after anordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of amajority of the executive, and send the legislative body amessage announcing its approval; or
(2) veto the ordinance or resolution, by returning it to thelegislative body with a message announcing its veto and statingits reasons for the veto.
(e) This section does not apply to a zoning ordinance oramendment to a zoning ordinance, or a resolution approving acomprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on newdevelopment must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance isadopted by the legislative body in accordance with IC 5-3-1;and
(2) delay the implementation of the fee increase for ninety (90)days after the date the ordinance is published under subdivision(1).
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.11, SEC.150; P.L.192-1984, SEC.1; P.L.335-1985, SEC.32;P.L.100-2003, SEC.1; P.L.78-2009, SEC.23.
IC 36-2-4-9
Recording of ordinance; effect
Sec. 9. Within a reasonable time after an ordinance is adopted, thecounty auditor shall record it in a book kept for that purpose. Therecord must include the signature of the presiding officer and theattestation of the auditor. The record, or a certified copy of therecord, is presumptive evidence that the ordinance was adopted andtook effect.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-10
Meetings; rules
Sec. 10. A county executive or county fiscal body may adopt rulesfor the transaction of business at its meetings.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-11
Seal
Sec. 11. A county executive shall use a common seal.
As added by Acts 1980, P.L.212, SEC.1.